II 110th CONGRESS 1st Session S. 1293 IN THE SENATE OF THE UNITED STATES May 3, 2007 Mr. Craig introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend titles 10 and 38, United States Code, to improve educational assistance for members and former members of the Armed Forces, and for other purposes.
1.
Short title
This Act may be cited as the Veterans' Education and Vocational Benefits Improvement Act of 2007.
2.
Temporary expansion of courses for which accelerated payment of educational assistance may be made
(a)
Accelerated payment under Montgomery GI bill for certain short-term programs
(1)
In general
Section 3014A of title 38, United States Code, is amended— (A)in subsection (b)— (i)by striking who is— and inserting who—; (ii)by striking paragraph (1) and inserting the following new paragraph (1): (1)(A)is enrolled in an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or (B)during the period beginning on October 1, 2008, and ending on September 30, 2012, first enrolls in any other approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (h); and ; and (iii)in paragraph (2), by inserting is before charged; and (B)by adding at the end the following new subsection: (h)The aggregate amount of basic educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1)(B) may not exceed $3,000,000. . (2)
Conforming amendment
Such section is further amended in the heading by striking leading to employment in high technology occupation in high technology industry. (3)
Clerical amendment
The table of sections at the beginning of chapter 30 of such title is amended in the item relating to section 3014A by striking leading to employment in high technology occupation in high technology industry. (b)
Accelerated payment of survivors’ and dependents’ educational assistance
(1)
In General
Subchapter IV of chapter 35 of such title is amended by inserting after section 3532 the following new section:
3532A.
Accelerated payment of educational assistance allowance
(a)The educational assistance allowance payable under section 3531 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section. (b)An eligible person described in this subsection is an individual who— (1)during the period beginning on October 1, 2008, and ending on September 30, 2012, first enrolls in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (h); and (2)is charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the individual under section 3531 of this title. (c)(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of— (A)the amount equal to 60 percent of the established charges for the program of education; or (B)the aggregate amount of educational assistance allowance to which the individual remains entitled under this chapter at the time of the payment. (2)In this subsection, the term established charges, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: (A)In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. (B)In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. (3)The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. (d)An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding— (1)the person’s enrollment in and pursuit of the program of education; and (2)the amount of the established charges for the program of education. (e)(1)Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 3531 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. (2)If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 3531 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. (f)The Secretary may not make an accelerated payment of educational assistance allowance under this section for a program of education with respect to an eligible person who has received an advance payment under section 3680(d) of this title for the same enrollment period. (g)The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of this title as the Secretary considers appropriate for purposes of this section. (h)The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $1,000,000.
. (2)
Clerical Amendment
The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3532 the following new item: 3532A. Accelerated payment of educational assistance allowance. . (c)
Accelerated payment of educational assistance for members of the Selected Reserve
(1)
In General
Chapter 1606 of title 10, United States Code, is amended by inserting after section 16131 the following new section:
16131A.
Accelerated payment of educational assistance
(a)The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section. (b)An eligible person described in this subsection is a person entitled to educational assistance under this chapter who— (1)during the period beginning on October 1, 2008, and ending on September 30, 2012, first enrolls in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and (2)is charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title. (c)(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of— (A)the amount equal to 60 percent of the established charges for the program of education; or (B)the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment. (2)In this subsection, the term established charges, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: (A)In the case of a person enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. (B)In the case of a person enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. (3)The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education. (d)An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding— (1)the person’s enrollment in and pursuit of the program of education; and (2)the amount of the established charges for the program of education. (e)(1)Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. (2)If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs. (f)The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section. (g)The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $2,000,000.
. (2)
Clerical Amendment
The table of sections at the beginning of chapter 1606 of such title is amended by inserting after the item relating to section 16131 the following new item: 16131A. Accelerated payment of educational assistance. . (d)
Accelerated payment of educational assistance for Reserve component members supporting contingency operations and other operations
(1)
In General
Chapter 1607 of title 10, United States Code, is amended by inserting after section 16162 the following new section:
16162A.
Accelerated payment of educational assistance
(a)The educational assistance allowance payable under section 16162 of this title with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this section. (b)An eligible member described in this subsection is a member of a reserve component entitled to educational assistance under this chapter who— (1)during the period beginning on October 1, 2008, and ending on September 30, 2012, first enrolls in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and (2)is charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title. (c)(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible member making an election under subsection (a) for a program of education shall be the lesser of— (A)the amount equal to 60 percent of the established charges for the program of education; or (B)the aggregate amount of educational assistance allowance to which the member remains entitled under this chapter at the time of the payment. (2)In this subsection, the term established charges, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: (A)In the case of a member enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the member for the term, quarter, or semester. (B)In the case of a member enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the member for the entire program of education. (3)The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible member under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education. (d)An accelerated payment of educational assistance allowance made with respect to an eligible member under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding— (1)the member’s enrollment in and pursuit of the program of education; and (2)the amount of the established charges for the program of education. (e)(1)Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible member under this section, the member’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. (2)If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible member under section 16162 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the member’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs. (f)The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section. (g)The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $1,000,000.
. (2)
Clerical Amendment
The table of sections at the beginning of chapter 1607 of such title is amended by inserting after the item relating to section 16162 the following new item: 16162A. Accelerated payment of educational assistance. . (e)
Effective Date
The amendments made by this section shall take effect on October 1, 2008.
3.
Enhancement of educational assistance for Reserve component members supporting contingency operations and other operations
(a)
Assistance for three years cumulative service
Subsection (c)(4)(C) of section 16162 of title 10, United States Code, is amended by striking for two continuous years or more. and inserting “for— (i)two continuous years or more; or (ii)an aggregate of three years or more. . (b)
Contributions for increased amount of educational assistance
(1)
In general
Such section is further amended by adding at the end the following new subsection: (f)
Contributions for increased amount of educational assistance
(1)(A)Any individual eligible for educational assistance under this section may contribute amounts for purposes of receiving an increased amount of educational assistance as provided for in paragraph (2). (B)An individual covered by subparagraph (A) may make the contributions authorized by that subparagraph at any time while a member of a reserve component, but not more frequently than monthly. (C)The total amount of the contributions made by an individual under subparagraph (A) may not exceed $600. Such contributions shall be made in multiples of $20. (D)Contributions under this subsection shall be made to the Secretary concerned. Such Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts. (2)Effective as of the first day of the enrollment period following the enrollment period in which an individual makes contributions under paragraph (1), the monthly amount of educational assistance allowance applicable to such individual under this section shall be the monthly rate otherwise provided for under subsection (c) increased by— (A)an amount equal to $5 for each $20 contributed by such individual under paragraph (1) for an approved program of education pursued on a full-time basis; or (B)an appropriately reduced amount based on the amount so contributed as determined under regulations that the Secretary of Veterans Affairs shall prescribe, for an approved program of education pursued on less than a full-time basis. .